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Defendant
A and B Imprisonment with prison labor for four years, for two years and six months, for Defendant C and D, for Defendant E with prison labor for two years and for F.
Reasons
Punishment of the crime
Defendant D, on September 22, 2016, was sentenced to a suspended sentence of three years for a violation of the Financial Investment Services and Capital Markets Act at the Seoul Southern District Court on September 22, 2016, and appealed to the Seoul High Court, but the appeal was dismissed on June 9, 2017.
[2] Defendant A is the joint representative director of the J (hereinafter “J”) from around May 7, 2015 to around May 2, 2017, to around May 2, 2017, the joint representative director of the victim company G (hereinafter “victim company”) from around September 1, 2014 to April 23, 2015, and Defendant B is the victim’s joint representative director, and K, from around December 1, 2015 to around May 2017, 2017, Defendant D’s representative director from around May 7, 2015 to around May 16, 2017, to Defendant D’s representative director of the victim company from around June 1, 2015 to around May 16, 2017 (hereinafter “Defendant D’s representative director”).
As a subsidiary of the victim corporation, the victim corporation was a subsidiary of the O (hereinafter referred to as the "O") and the O owned 100% of the shares of the victim corporation.
P, the representative director of theO, decided to transfer the shares and management rights of the victim company to the defendant A, B, and K around the beginning of 2015, but the defendant A, B, and K did not have funds to acquire the victim company.
1. Defendants A, B, E, and K with a view to committing a crime related to the acquisition fund of the Victim Company A, B, and C, around April 27, 2015, take over KRW 74,200,00, among the shares of the Victim Company held by P andO, KRW 70,000,00,000. The conclusion of this contract and the payment of the purchase price of shares, made a promise to implement prior to December 2, 2015, and did not pay the purchase price of shares.